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European Union

EU AI Liability Directive revised: aligned with AI Act, expands deployer liability via rebuttable presumption for monitoring failures; overlaps Product Liability Directive; may target non-material harm; future uncertain

Published on: 26 July 2024

Published by an LexisNexis EU Law expert
Legal News
Article summary

The European Commission has circulated a revised proposal for an EU Artificial Intelligence Liability Directive, intended to complement the new AI Act, to EU governments as well as lawmakers charged with examining it closely. The update, viewed by MLex, chiefly brings the AI Liability Directive into line with the AI Act’s final wording, the flagship statute passed earlier this year that sets out product-safety requirements for AI. However, fresh language could markedly widen the responsibility borne by those who deploy a risky AI application and bring it into actual operation. The aim of the AI Liability Directive is to standardise certain elements of court actions brought under national fault-based liability systems. Originally tabled by the commission in September 2022 (see here), the plan was paused while EU policymakers prioritised completing the AI Act...

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